Sarabjeet Kaur vs State Govt. Of Nct Of Delhi
2019 Latest Caselaw 3793 Del

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                           Judgment delivered on: 14.08.2019
+      BAIL APPLN. 1273/2019
       SARABJEET KAUR                                 ..... Petitioner
                          versus

       STATE GOVT OF NCT OF DELHI                     ..... Respondent

Advocates who appeared in this case:
For the Petitioner :      Mr. Sumit Sarna and Ms. Mamta Sarna,
                          Advocates

For the Respondent :      Ms. Meenakshi Dahiya, APP for the State.
                          Mr. Sahil Malik, Advocate
                          SI Murari Lal, PS Prasad Nagar
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                             JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. The Petitioner seeks regular bail in FIR No.59/2017 under Sections 406/420/120B/174A IPC registered at PS Prasad Nagar.

2. The allegations in the FIR are that the husband of the Petitioner had represented to the complainant that he would secure a job in DDA and accordingly, took approximately Rs.49,50,000/-. Neither a job in DDA was secured nor was the amount refunded.

3. Learned APP submits that the husband of the Petitioner was

granted interim bail subject to deposit of some amounts. However, neither the amount has been deposited nor has he surrendered and has apparently absconded and efforts were made to trace him have also failed and his whereabouts and whereabouts of his mother and sister are not available.

4. Learned counsel for the Petitioner submits that the Petitioner has been falsely implicated. He submits that the record reveals that money was in fact paid by the petitioner to the sister of the complainant from her account and there is no transfer of any amount into her account.

5. Learned counsel for the petitioner under instructions submits that the Petitioner is willing to furnish a security of immovable property, which is in the name of the mother of the Petitioner, without prejudice to her rights and contentions.

6. Keeping in view the facts and circumstances and also the fact that the Petitioner has been in custody since 19.04.2018, I am of the view that the Petitioner has made an application for regular bail, accordingly, on petitioner furnishing a bail bond in the sum of Rs.25,000/- with one surety of the like amount and also furnishing an undertaking by the mother of the Petitioner that she shall not sell, transfer, alienate or create any third party rights in immovable property i.e. T-29/H, Road No.20, Baljeet Nagar, First Floor, Front Side Flat, New Delhi-110008, Petitioner shall be released on bail, if

not required in any other case. The trial court shall make an endorsement on the original title deeds to the effect that the property shall not be sold, alienated or transferred or any third party interest created without the leave of the trial court,

7. Petitioner shall furnish her mobile number to the concerned I.O. /S.H.O. and shall keep the said mobile number active and in case of change of mobile number and her residential address, she shall intimate the same to the I.O./SHO PS Prasad Nagar, New Delhi.

8. Petition is accordingly disposed of in the above terms.

9. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J AUGUST 14, 2019 sg